Index Archive

About

24 August 2017

Historic Supreme Declares Right to Privacy is fundamental Right In a landmark judgement Supreme Court of India, A nine-judge bench of the Supreme Court on Thursday declared privacy to be a fundamental right

BJP government opposed the Right to Privacy is a fundamental right.

SC Bench ruled that right to privacy is “intrinsic to life and liberty” and is inherently protected under the various fundamental freedoms enshrined under Part III of the Indian Constitution.

“This right to privacy is protected under Article 21 and it is intrinsic to the Constitution,” said Chief Justice of India J S Khehar, reading out the verdict for the nine-judge bench. Article 21 guarantees the right to life and liberty as inviolable fundamental rights.

Chief Justice of India J.S. Khehar said the court has overruled its own eight-judge Bench and six-judge Bench judgments of M.P. Sharma and Kharak Singh cases delivered in 1954 and 1961, respectively, that privacy is not protected under the Constitution.

In upholding privacy as a fundamental right, the top court overruled all earlier judgements that had said the right to privacy was not part of the Constitution.

Both above judgements were refereed in majority cases related with Privacy.Both judgments had concluded that privacy was not a fundamental or ‘guaranteed’ right. To overcome these two precedents, a numerically superior Bench of nine judges was required.

Supreme Court said right to privacy was at par with right to life and liberty, and that the verdict will protect citizens’ personal freedom from intrusions by the state.

The Aadhaar law will now be tested against Thursday’s right to privacy judgment

This judgement will impact following –1-BJP government plan of using Aadhaar for everything making it mandatory Use of Aadhaar Card

2-Article 377 and LGBT rights, Homosexuality

3-Humiliation by Police or Media channels

4-Beef Ban – Consumption of Beef in inside home

5-Mob Beatings and circulating videos on internet of innocent peopleOnly court has a right to declare any citizen as a criminal and punish him.Mob has no right and Courts need to Punish the gangs of mob who punish and defame Individuals